Supermarket giant Trader Joe’s is falsely advertising its “Almost Everything” bagels as being gluten-free, when they indeed contain gluten, a customer is alleging in a new lawsuit.
Los Angeles resident Shaianne Starks alleges in a new proposed class action lawsuit that she had testing done by nonprofit coalition Moms Across America, which discovered the bagels have almost 13 times the legal amount of gluten that can be found in a product labeled as gluten-free.
Starks said in the lawsuit that had she known about the presence of gluten in the bagels, she never would have purchased the Trader Joe’s bagels. As per the lawsuit, she says gluten-free products are perceived “as more healthful by consumers” and as “less caloric and processed.”
“Consumers have positive beliefs towards a gluten-free diet. Thus, the “Gluten Free” representation is important to consumers when deciding to purchase the Product,” the lawsuit contends.
Stark said if the product was “truthfully advertised and did not contain gluten,” she would buy it again, but given Trader Joe’s ongoing misrepresentations, she said she is unable to rely on the labeling.
MomsAcrossAmerica.com is a leading provider of independent test results and information to help mothers to identify the best quality health and nutrition products, the lawsuit says. The nonprofit publishes results of independently conducted tests and provides comprehensive product reports in an effort to be part of safe, healthy food and honest labeling.
According to the lawsuit, MomsAcrossAmerica.com got the Health Research Institute, an accredited clinical and analytical laboratory, to test the bagels in accordance with the AgraQuant Gluten G12 ELISA test, which provides a quantitative analysis of gluten in food.
Gluten is a protein found in the wheat plant and some other grains, and can be naturally occurring or extracted, concentrated and added to food and other products to add protein, texture, and flavor. Johns Hopkins specialist in internal medicine and obesity Selvi Rajagopal, says that while most people can handle undigested gluten with no problems, some people can have a severe autoimmune response or other unpleasant symptoms triggered by the protein.
The autoimmune response to gluten is called celiac disease, and it can damage the small intestine. Some people who don’t have celiac disease still seem to feel sick after eating foods that contain gluten and may experience bloating, diarrhea, headaches or skin rashes.
Trader Joe’s is far from alone if being called out for alleged false advertising of gluten-free products. Popular Bay Area coffee chain Philz Coffee was served with a class action lawsuit filed by consumers, which alleged the company “misbrands and falsely advertises” products as gluten-free, SFGate reports.
General Mills has also had to recall more than a million boxes of supposedly gluten-free Cheerios, because it turned out they contained wheat. The company was hit with legal action from consumers over the debacle.
Celiac.com reports that Oklahoma gluten-free baking company Batter Than Good Baking Co. quickly and quietly disappeared after its products very publicly tested highly positive for gluten.
In her lawsuit, Starks is seeking injunctive relief requiring Trader Joe’s to truthfully advertise the bagels, as well as damages. She wants to represent consumers from across the country in her lawsuit alleging violations of California’s Consumers Legal Remedies Act and breach of warranty.
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